Rajeev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36640 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -SALIMPUR District- PATNA ======================================================

1. Rajeev Paswan S/o Sri Sharan Paswan, R/o Vill.- Saidpur, P.S.- Bakhtiarpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Verma For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Salimpur P.S.Case no.55 of 2018 , registered for offences punishable under Sections 457 and 380 of the Indian Penal Code. Allegation against the petitioner is of theft in the house. Submission of the learned counsel for the petitioner is that he is not named in the FIR and later on his name transpired in the case on the confessional statement of the co-accused, there is no recovery from his possession and except confessional there is nothing against him.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in

Patna High Court Cr.Misc. No.36640 of 2018 (3) dt.23-07-2018 2/2 the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-cum-Sub Judge-II (2nd) Barh (Patna) in connection with Salimpur P.S.Case no.55 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T